How Does Estate Law work

March 24, 2018 | David J. Hernandez | 0 Comment | 2:48 pm

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The Law Offices of John N. Kitta Estate Lawyer; http://www.youareingoodhands.com/, provides comprehensive legal help in the area of estate law. Come by our offices in Fremont, California. You may be a client but we will treat you like one of our family. This is core to us because estate planning is a legal service that everyone will need whether they realize it or not. Estate planning covers a number of elements but it is simply providing for the continued management of one’s assets whether they have the capacity to do so our not. Careful and attentive estate planning takes into account the tax consequences of one’s estate based on the nature of that person’s estate and the location of that estate. A person’s estate could be anything from a simply bank account to ownership and holdings in real property and corporate interests.

If you take the time to check out our website at http://www.youareingoodhands.com/ many of your answers regarding estate planning can be answered. The following areas are some of the most frequently asked topics regarding estate law and planning Estate Law:

Organization and succession of family owned and operated businesses.
The division of real, personal and intellectual property and assets.
Conflicts and administration of matters regarding one’s social security disability trusts benefits.
The preparation of wills and trusts for generational familial assets.
The purposes and requirements related to durable and sometimes limited powers of attorney.
The design and creation of charitable trusts as well as trusts for minors and for certain people with special needs.
Internal Revenue Service and the State of California’s application of its Franchise Tax Board and negotiations involving general estate taxes.
The need for proactive planning to avoid or limit exposure of ones estate to probate court and conflicts regarding inheritance issues.
The relevance of estate planning and why one would need a living trust and what is a living trust.

There is no one formula for estate planning that suits all individuals. The proper legal advice is based upon the nature and extent of one’s estate. My office will sit down with you and do an estate audit of all of your business holdings, real property interests as well as potential future earnings still due to you such as annuities, stock and other investment yields. I will then outline some estate structures that you can engage in now as well as put into place in the future. It is not difficult once you realize that you only become aware of the need for estate planning once a crisis is already at hand.

For clients that have special wealth management needs I can help you as well. especially residents of California. Come on in. I can’t wait to be of service to you!

What Does Your Social Security Disability Attorney Need to KnowWhat Does Your Social Security Disability Attorney Need to Know

August 25, 2018| David J. Hernandez| 0 Comment| 2:37 pm

Sometimes people need the assistance of a social security disability attorney to help them with the claim that they need to file. Because this is a federal government program that has been designed to support citizens who can no longer work due to a disability, people can take advantage of these finances when they need it most. However, before an individual can secure the funds from this kind of program, there is a process that they will need to adhere to, and it is managed by the social security administration.

Even though the benefits are available to citizens when needed, there is process of approval that people will need to follow very closely prior to being granted the finances for their specific situation. Also, due to the complexity of this program, its not uncommon for an individual to seek out the assistance of a SS disability attorney in the initial stages of the process. Therefore, before an individual meets with this kind of attorney, there is some information that they will need to gather so that it can presented for their review.

What items should the individual disclose to their SSD attorney

Previous Work History Information

In order for an individual to obtain help from the social security disability program, they will need to meet specific requirements. One common requirement that people must meet is a certain amount of work credits in order to qualify. Therefore, the person who files the claim must have this kind of information available to present and review with the attorney in the first initial meetings. It is also important to note that the injury that the person has sustained or the illness that they have been diagnosed with must be serious enough to remain off the job for an extended period of time. The list of illnesses and injuries are currently maintained by the social security admininstration so people can review the social security administration site to see how the injury or illness applies.

Medical documentation

If the condition that the person has is on the list, they will need to make sure that they have the appropriate amount of documentation from their physician. The medical documentation should contain the date that the person is expected to be out of work. Specifically, if the illness, disease or injury is expected to last one year or more. In some cases, the social security administration is normally looking for a condition that is serious enough to pay the person while they are off work recovering or until the person’s demise. Regardless to the circumstances, this information should be supplied to the SSD attorney if they want the attorney to win their case in court or settle it on the outside.

Information About Bankruptcy LawInformation About Bankruptcy Law

December 12, 2018| David J. Hernandez| 0 Comment| 3:01 pm

The legal topic of bankruptcy can make people feel uneasy. It is important for prospective bankruptcy filers to have the facts straight before they move forward with their case. Bankruptcy is when a person requests the assistance of the court to erase consumer debts. Consumers often get behind on their bills due to lack of unemployment, a financial loss or a divorce.

The Law Offices of John N. Kitta can help people who find themselves in a difficult financial situation. People often become confused by what is going on so they hesitate to file the paperwork. A bankruptcy will hurt a person’s financial standing. This is because all of the outstanding debt that is owed will be legally wiped away but the creditors will not charge off the amounts.

This means that a negative item for each creditor including the bankruptcy will be included on the filer’s credit report for a time period of one decade. This can make it hard to get credit lines. It is important for people to speak with a bankruptcy attorney before completing the required bankruptcy documents.

The filing that has to be prepared takes time to complete. A person will need to fill in documents regarding the amount of debt that they are asking to be discharged. People should keep in mind that it is very rare for secured debt such as federal student loans to be discharged through bankruptcy. This is mainly due to the fact that the government backs the loans so they want to guarantee that they will receive all of their money back.

Each creditor’s name must be listed along with the account number, address and amount of debt that is owed. The amounts should be current so it can be beneficial to contact each one directly to receive an updated balance amount.

Once a person has completed this, they can then move on to declare the assets that they have. The government can seize an individual’s personal assets and liquidate them to raise funds to pay off creditors. This is where having legal help from The Law Offices of John N. Kitta can come in handy.

When people have legal help, they can have a bankruptcy filing that is in proper order. All of the paperwork has to satisfy the court’s criteria or else the matter will not be discharged and people will have to pay back the debt that is owed in full.

How To Form A Charitable Trust? – A Step By Step GuideHow To Form A Charitable Trust? – A Step By Step Guide

August 17, 2019| David J. Hernandez| 0 Comment| 9:43 am

What is meant by charitable trust?

A charitable trust is developed to perform charitable activities and remain unsuitable for commercial activities. It may earn profits by trading activities however the profits should be used only for charitable purposes and should not be distributed to members. If you have plans to start a charitable trust, you should know the process involved in society registration. It differs from state to state or country to country. Ensure to check your country- NGO society registration website to get complete details.

A charitable trust can function exactly like an individual person. It can raise mortgages, hold bank accounts, raise mortgages and hold all kinds of investments and assets until it functions as per the powers finalized in the trust deed.

If you are thinking of society registration, you need to register as per the 1957 Charitable Trust Act. The trust should exclusively or principally exist for:

· A charitable reason as per the law of the country or
· Any purpose which is educational or religious whether or not the purpose is charitable as per the country law.

What is the purpose of society registration or charitable trust registration?

Image of Society Registration Written In A White Background.

The charitable purpose would be an objective of the trust or the reason for the society is developed. Some of the purposes that remain as the foundation of charitable trust registration or society registration are as follows:

· The help of poverty
· The advancement of education
· The advancement of religion
· Other purposes that aids to the community

It is also generous to develop facilities for leisure time activities and recreation if the facilities are offered for public benefit or interest of social happiness.

What is the registration process involved in public charitable trust?

A trust is established when the trust’s author mentions with reasonable certainty in the form of acts or words. It is necessary for the society or public charitable trust to register with the Charity Commissioner officer who has complete rights over the trust. If you are thinking to do society registration, you have to follow the below-mentioned steps.

Step 1: Select the right name for your charitable trust. It is an important step involved in registering the trust. When selecting the name, ensure to see that the planned name does not interfere with any type of patronage by any state government or the Indian government. There is no constraint in utilizing names which are previously recorded as a Charitable trust in the Registration office. If the registrar refuses to accept the name in the registration office, you can lodge a complaint with higher officials and necessary action will be taken.

Step 2: Find the author or settler and executors of the planned trust. In most cases, there should be a single author or Image That Represents The Charitable Trust Quotes In A White Background. settler. It is possible for even an illiterate to become a trustee. The minimum age limit to be a trustee is 19 years for male and 18 years for females. But still, in a certain case, the average age of both male and female that is 19.5 years is considered.

Step 3: Develop regulations and rules and MOA (memorandum of association) for the trust. It is referred to as trust deed. It is extremely important and serves as the lawful evidence of the Trust’s existence. There are various clauses in the trust deed. It includes name clause, overall body member clause, object clause with beneficiaries, registered office clause and trustee and settler clause.

Step 4: Arrange all the necessary documents that are necessary at the submission time. It is also necessary to have a trust deed. Trusts are irrevocable except if it is stated in the charitable trust deed. It means it cannot be closed or wound up.

Step 5: Collect all the necessary documents, trust deed, properly attested photocopies and submit to the local registrar. The settler has to sign each of every page of trust deed’s photocopy. During registration, two witnesses and settler should physically be with their ID proofs.

Step 6: Once you submit the documents and complete the formalities, you will receive the registration certification within 7 working days. It is not easy to follow each and every procedure. Certain registrar will verify the address by sending an official letter as part of verification.